121.010 PURPOSE. It is the purpose of this chapter to provide a means whereby larger parcels of ground may be subdivided into residential lots with more latitude as regards site development, common areas, private streets and walkways, and open space than is possible through traditional subdivision regulations while maintaining residential densities consistent with the applicable zone; to establish standards and controls necessary to assure the community of a functional and compatible development; and to provide within residential zones the development of residential areas with increased amenities.

121.020 DEFINITIONS. The following terms are defined for the purposes of this Chapter and do not apply otherwise to this Ordinance.

(a) Planned Development. A subdivision of land, incorpo­rated common open spaces with each dwelling or mobile home placed on its own lot.

(b) Home Owners Association. A homeowners association is an organization formed for the maintenance and opera­tion of the open space and common areas of the planned development. The membership in the association must be automatic with the purchase of a lot or other property in the planned development. The association shall collect an assessment levied against each lot or other property which assessment shall be the principal source of funds to maintain open space and common areas, roadways, utilities and facilities. Assessments shall be enforceable as a lien against the private lots and open space.

(c) Open Space. A common area designated on the final plans of the planned development, permanently set aside for the common use of the members of the home owners association, which open area may be landscaped and/or left with a natural tree cover, and in which area no roadways, streets, or parking area are located.

(d) Open Space Lot. An open space lot is a lot which abuts upon an open space for a distance of ten feet or more.

(e) Roadway. A roadway is any vehicular way to property in the planned development that is located on lands owned by the homeowners association and does not exit the development at another location. Roadways are to serve specific property in the planned development only, not through traffic and need be constructed only wide enough to adequately perform this function. roadways include "T" turn-arounds, cul-de-sac, circles, loops and other roadways not functioning as a through road­way.

(f) Streets. Roads permitting traffic to move in one side of the development and out of another dedicated as a public street and developed to the applicable County street standard.

(g)Walkways. A pedestrian pathway within a Planned Devel­opment for residents and guests.

121.030-121-190 RESERVED FOR EXPANSION

121.200. PROCEDURE FOR FILING A PLANNED DEVELOPMENT. The procedural requirements set forth in Chapter 172.68 - 172.94 of the Marion County Rural Zoning Ordinance shall govern the consideration of a Planned Development.

121.210. REQUIRED INFORMATION. In addition to the information required in a detailed subdivision plan the request for a planned developed shall include:

(a) The location of all streets, roadways, sidewalks and walkways their widths and the nature of their improve­ment.

(b) The location, layout, and the surfacing of all off-street parking areas.

(c) The individual lot lines of each parcel that is to be created for separate ownership.

(d) The location of easements for the water lines, fire hydrants, sewer and storm lines, and the location of the electric, gas, and telephone lines, television cable, and the lighting plans.

(e) The common areas and open spaces and the particular uses which were intended for them.

(f) The areas proposed to be conveyed, dedicated, reserved, or used for parks, scenic-ways, playgrounds, schools, public buildings, and similarly public and semi-public uses and whether such areas are to be public or pri­vate.

(g) The location of each existing or proposed structure, its intended use, and the number of dwelling units in each residential building, except single family de­tached dwellings and mobile homes.

(h) The phases in which the project will be built, the approximate date when construction of each phase will begin, and the type and location of common areas, facilities and open space that will be provided at each phase.

121.220. SATISFACTORY EVIDENCE. As a condition to granting approval for the final plat satisfactory evidence shall be submitted that the roadways, parking areas and sidewalk improve­ments, and improvements in common areas will be placed.

121.230. DENSITY. The density of the planned development shall not exceed the density of the zone in which it is to be located. The density shall be computed by dividing the total acreage by the number of dwelling units. The total acreage shall be that area contained in the ownership at the time of the filing of the planned development application. Each lot must comply with the minimum lot size of the zone.

121.240. PLANNED DEVELOPMENT STREETS AND ROADWAYS. Any street bordering or within a planned development shall have public right-of-way and improvements consistent with adopted Marion County Department of Public Works’ standards and upon approval of the Board be accepted into the County road system. Plans for all streets shall be submitted for review and approval by the Depart­ment of Public Works. Along streets the vision clearance re­quirements of Chapter 110.770, including intersections with road­ways shall apply. Roadways shall be improved to the follow­ing standards:

(a) Roadways shall be a minimum of 20 feet in width, curb to curb; provided that if parking is to be allowed on either side of the street the minimum width shall be increased by seven feet for each side of the street on which parking is to be allowed. Parking shall be parallel.

(b) Roadways shall be paved with portland cement concrete of asphalt concrete and designed and constructed to adequately support traffic loads and provide adequate drainage.

(e) The roadway system shall have direct connection to a paved street.

121.250. ADDITIONAL REQUIREMENTS.

(a) Street Names and Addresses. Each street and roadway shall be named and each dwelling and other buildings shall be numbered as proved in the Street Naming and Addressing Ordinance.

(b) Accessory Structure Setbacks. An accessory structure shall not be located closer than five feet from any dwelling or other accessory buildings on an adjacent lot, except that a double carport or garage may be built that serves two adjacent dwellings. Accessory buildings shall be set back at least ten feet from the boundary of the planned development.

(c) Dwelling Setbacks from Roadways. Dwellings shall be set back minimum distance of eight feet from any adja­cent roadway, and five feet from any adjacent sidewalk, provided that a vision clearance shall be maintained as provided in Chapter 110.770.

(d) Dwelling Setbacks from Streets. A dwelling and any structure in the development other than a sign or fence, shall be at least 20 feet from a street right-of-way.

(e) Storm Drainage. All lots shall be provided with ade­quate storm drainage and connected to the storm drain­age system if such system is available. Such facili­ties shall be sufficient to safely transport through the development all volumes of water generated upstream and on the site. Where streets and associated public drainage facilities will be constructed or where con­nections will be made to existing public drainage facilities, all design and construction shall conform to Department of Public Works’ standards. On-site detention facilities may be required.

(f) Recreation Vehicles. Planned developments may accommo­date only mobile homes and dwellings. Recre­ational vehicles are not allowed except for storage in a desig­nated storage area. A recreational vehicle shall not remain overnight in a planned development unless it is parked in a designated recreational vehi­cle storage area.

(g) Building Height, Location, and Lot Coverage. Except as modified by this section, all structures within a planned development shall comply with all provisions of the zone in which the development is located as to height, location, and lot coverage.

(h) Driveways. Each lot within the development shall have direct access to a roadway or to a public street which the development abuts on both sides. The drive­way shall be unobstructed area, not less than 10 feet in width, and shall be paved and well drained.

(i) Fire Hydrants. Fire hydrants, if required, shall be provided within the roadway and on public streets in the development in conformance with the design and capacity requirements of the fire district.

(j) On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the development stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the development environment.

(k) Walkways. Provisions shall be made for hard-surfaced, well-drained walkways, not less than 30 inches in width, from each dwelling to open space, common areas, retail services, and to a street or roadway. If the walkway is adjacent to the street or roadway the curb may be included in meeting the width requirements.